Robert and Susan are married and own their home in Las Cruces as community property. Robert wants to sell the home to his business partner without telling Susan. The deed is titled only in Robert's name. Under New Mexico law, which of the following statements is correct?
Correct Answer
D) Robert cannot convey the community property without Susan's signature on the deed
In New Mexico, both spouses must sign a deed to convey community real property, regardless of whose name appears on the title. This is a fundamental rule of New Mexico community property law. Even though the deed is in Robert's name alone, the property is community property and Susan has an equal ownership interest. A conveyance without her signature is void or voidable and does not transfer clear title.
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Related Topics & Key Terms
Key Terms:
Related Concepts
In a cooperative (co-op), the building is owned by a corporation, and residents purchase shares of stock in the corporation that entitle them to a proprietary lease on a specific unit. Residents are shareholders, not property owners.
Fee simple absolute is the highest and most complete form of property ownership, giving the owner unrestricted rights to use, possess, enjoy, and dispose of the property. It is of unlimited duration and fully inheritable.
Community property is a system where property acquired during a marriage is owned equally by both spouses.
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